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Terms & Conditions

In order to sell items in The Marketplace on FbaMembersarea.com (the “Site”), you must agree to the marketplace seller agreement outlined below, which includes our privacy policy and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this marketplace agreement.

The Site is operated by FBA Stores, LLC. (“MembersArea”), which reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice to you.

THE MARKETPLACE

MembersArea provides an online service that allows third party sellers to sell their products to buyers. MembersArea does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.

ACCOUNT SET-UP

You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. MembersArea is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable

ELIGIBILITY REQUIREMENTS

Listing items for sale in the MembersArea Marketplace is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account info for payment and agree to the marketplace agreement.

We request bank account information primarily for identity and security reasons. By providing a bank account you are also authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.

MARKETPLACE FEES

For all items sold through its marketplace, MembersArea charges a fee based on a percentage of the sale price, that has been set at 6% (six percent) plus a 2.5% (two and one half percent) credit card processing fee. MembersAreadirectly processes all orders placed by Buyers (Stripe &Credit Card) through our shopping cart system. There are no setup fees and no listing fees. MembersArea only charges a fee if you have a successful sale of your listed item(s). We later transfer the total amount earned by your sales minus our fees via Direct Deposit.

Note: MembersArea charges fees based on the Order Total (product amount + shipping cost). We do not charge fees on taxes. However, credit card and PayPal do include taxes when determining the fee (product amount + taxes).

The seller of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction. By listing an item for sale in our marketplace, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand via your bank account. By listing an item for sale on the Site, you authorize MembersArea to debit your bank account for amounts due.

REQUIRED COMMUNICATION

MembersArea requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the MembersArea marketplace within 48hrs if possible. You are also required to notify MembersArea when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, alerting them of an order status update, or responding to a complaint.

SHIPPING EXPECTATIONS

All orders should be shipped to customers within 48hrs. All orders must reach the Buyer within the quoted time frame of 6-8 business days (standard shipping) and 3-4 business days (expedited shipping). Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be canceled at our sole discretion. Please carefully read our Shipping Guidelines. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking. The Seller waives the ability to win any disputes if the customer says the package did not arrive should they choose not to follow the Shipping Guidelines.

SELLER RESTRICTIONS

Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of MembersArea. Marketplace transactions must take place between two different individuals, organizations or entities. MembersArea reserves the right to refuse service to anyone at any time for any reason. 

MembersArea determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users of the marketplace. 

MembersArea Store Owners are expected to undertake necessary due diligence to confirm the products listed for sale in Your MembersArea online store are in strict conformity with all applicable laws. In the event MembersArea concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. MembersArea reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.

The following products, items and services are not permitted to be sold or listed for sale on the Site:

Media which has been copied likely infringes copyrights and trademarks and may not be sold on the Site. Any copyrighted materials which have been copied without authorization are prohibited on the Site. Furthermore, the following items are not permitted to be sold or displayed on the Site:

  • Unauthorized copies of photographs and pictures.
  • Unauthorized recordings of music or concerts.
  • Unauthorized soundboard recordings.
  • Unauthorized merchandise.
  • Unauthorized reproductions of movies.
  • Unreleased/prereleased movies or video related thereto such as previews and trailers.
  • Unpublished and unauthorized film scripts, electronic press kits and unauthorized props.
  • Unauthorized reproductions of books
  • Unauthorized recordings or copies of recordings of radio programs or television programs and unauthorized scripts.
  • Any video games or software unless such video games and/or software are full retail versions.
  • Media which is produced and distributed for promotional use only are not authorized for retail distribution or sale, including but not limited to promo books, promo music albums and CDs, promo films and promo software.
  • Unauthorized replica, counterfeit and “knock-off” merchandise is prohibited.
  • Celebrity images and/or the use of celebrity names without permission of a celebrity or their management including products containing such images.
  • Solutions Manuals.
  • Media transferred from one format to another.
  • Photography, paintings, illustrations of any sort, textual descriptions, videos, DVDs, tapes or other media for visual reproduction that is pornographic or depicts a human being engaged in actual sexual conduct; gratuitous nudity or suggestive gratuitous nudity; any item depicting a nude individual under the age of 18 years; the offer to engage in sexual activity with anyone or anything; the offer of a massage or other service requiring physical contact; the offer of any service that suggests or in any way conveys an intimate service contact, including dates, escorts or other such services; adult novelties, toys and devices of a sexual nature for which one would have to be 18 years of age to purchase in the United States. Tasteful nudity may be allowed if the artwork is considered fine art, such as Michelangelo’s David.
  • Listings intended wholly or mainly as gateways to commercial or private websites for the purposes of advertising, or that offer contact information for non-MembersArea transactions.
  • The sale of Internet domain names (URLs).
  • Cash or equivalent instruments.
  • Weapons. MembersArea does not permit the listing of weapons of any kind. Such prohibited weapons include, but are not limited to: all firearms, ammunition, fireworks, crossbows, hunting bows, knives of any kind, nunchaku, clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, and weapons designed to be concealed.
  • Illegal items. Items sold in a MembersArea online store must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold on MembersArea include: tobacco products including Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity.
  • Items that infringe upon an individual’s privacy including the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.).
  • Living creatures and unauthorized/illegal wildlife products.
  • Offensive material as deemed offensive by MembersArea in its sole discretion including items such as crime-scene photos and human organs and body parts.
  • Real estate.
  • Recalled products.
  • Any item that enables unauthorized transmission/reception of a satellite broadcast/signal.
  • Stolen property and goods.
  • Tobacco and tobacco products.
  • Wine and other alcoholic beverages and related products.
  • Unauthorized copies of art in any form.
  • Any product that by listing same on the Site violates any law in any jurisdiction.
  • Automobile tires or batteries.
  • Counterfeit money.
  • Electronic smoking products.
  • Illegal drugs or drug paraphernalia.
  • Any product containing any hazardous or dangerous material including mercury or any product whose use is regulated by any law in any jurisdiction.
  • Lockpicking equipment.
  • Lottery tickets.
  • Coupons. 
  • Medical equipment unless approved in advance by Us.
  • No plants or seeds designated by any agency as noxious or dangerous and no illegal plants or seeds.
  • Postage meters.
  • Slot machines.
  • Electronic surveillance equipment.
  • Tanning devices unless approved in advance by Us.
  • Service contracts or warranties.
  • Additionally, posting of links to outside websites intended to sell items—particularly those with non-MembersArea ordering tools or information or posting promotional logos to credit outside services is strictly prohibited.
  • Social followers, likes, follows, etc.

Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess. Sellers are required to ship an order by the provided ship date and follow the MembersArea Shipping Guidelines. Failure to ship by the provided date or follow the MembersArea Shipping Guidelines may be grounds for termination of your Account.

Spam Products & Comments

MembersArea does allow store owners to setup more than one store using the same PayPal or Stripe account, However as a store owner you are not allowed to list identical products in more than one store attached to a single PayPal or Stripe account. Any store owners found listing identical products in more than one store that they operate will have all stores attached to their account immediately disabled, as well as being banned from MembersArea.com.

As a store owner you agree not to “spam” other products in the MembersArea Marketplace by leaving comments including links or text asking users to view your store or product. This not only makes you look bad as a store owner it also reflects poorly on the entire MembersArea Marketplace. Any stores found spamming the MembersArea Marketplace will have their store and account immediately disabled.

Any store owners found “gaming” the system by creating fake user accounts to generate Envies for their products will be immediately disabled and banned from MembersArea 

PAYMENTS

After a Completed Sale occurs MembersArea credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales on Monday & Thursday of each week. To receive funds, you must provide bank account information for an account in the U.S. Payments will be made in U.S. Dollars. 

As a security measure, MembersArea may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. MembersArea will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account. 

If MembersArea reasonably concludes based on information available to us that seller’s actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.

TAXES

It is the seller’s responsibility to collect and remit any taxes associated with a transaction. MembersArea may provide tools that allow a user to charge sales tax on transactions, but MembersArea will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. MembersArea is not responsible for determining when tax should be charged.

RETURN POLICY

For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the MembersArea Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products.  Customers are not subject to restocking or refund processing fees when a Seller applies a refund.  You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with MembersArea marketplace purchases, using functionality we enable for your account, and will route all such payments through MembersArea. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid.  We may offset such payments against any amounts to be remitted or paid by MembersArea to seller under this marketplace agreement or seek reimbursement from seller via any of the means authorized under this marketplace agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable MembersArea Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.

TERMINATION

The seller can terminate participation in our marketplace at any time by written notice to MembersArea. MembersArea reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to user. MembersArea reserves the right to monitor user accounts to determine if policies or laws are being broken. MembersArea reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay MembersArea any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled. 

MembersArea reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by MembersArea to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller’s account for a prospective three-month period. At the end of such three-month period following termination, MembersArea will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

WARRANTY

The MembersArea marketplace is provided as is and without warranty. MembersArea makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. MembersArea will not be liable for any loss due to our marketplace not being available. MembersArea will not be liable for any loss due to errors in our software or the software of others that we use.

RISK OF LOSS

MembersArea may refuse service to anyone for any reason. MembersArea may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. MembersArea will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with a payment transaction through our marketplace, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. MembersArea reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer’s credit card issuer for the amount of the buyer’s purchase from the seller. MembersArea may obtain reimbursement of any amounts owed by the seller to MembersArea by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller’s credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.

INDEMNITY/LIMITATION OF LIABILITY

You will defend, indemnify and hold harmless MembersArea and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.

MEMBERSAREA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.

DISPUTES

Because MembersArea is not directly involved with transactions between buyers and sellers, you agree to release MembersArea from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution.  At times, MembersArea Customer Service may step in to mediate disputes between Buyers and Sellers on our platform.  During mediation, MembersArea Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.

JURISDICTION

Any claim against MembersArea in relation to our marketplace shall be adjudicated in a court in Massachusetts and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Massachuesetts law, without regard to conflict of laws principles thereof.

CONTENT AGREEMENT

By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.

SEVERABILITY

If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by MembersArea does not constitute a waiver of MembersArea’s right to enforce such section or any other section in the future.